Rosalind Phelps
Call Date
1998
Practice Areas
Broad commercial and civil practice, specialising in:
- Arbitration
- Aviation
- Banking
- Civil Fraud
- Commercial Contracts
- Conflicts of law and jurisdiction
- Financial Services
- Freezing injunctions and other interim relief
- Information Technology
- Insurance and Reinsurance
- Judicial Review/Regulatory (including FSMA 2000)
- Professional Negligence
- Sale of Goods and International Trade
Recommendations (Practitioners' Guides)
Recommended by Chambers and Partners 2007 in both Banking & Finance and Civil Fraud.
Chambers and Partners 2006 said: “an absolute star who’s making the transition being a junior-junior to being a middle-ranking junior” …. “a lovely manner with clients”.
Legal 500 (2007) said: “Rosalind Phelps is ‘someone who litigates at a level above her call.”
Education
King Henry VIII School, Coventry
BA Law and French Law (First Class): Pembroke College, Oxford
Diploma in French Law: University of Paris II
BCL (First Class): Pembroke College, Oxford
Prizes & Scholarships
Lincoln's Inn
Hardwicke Entrance Award
Sunley Scholarship and Accommodation Award
Levitt Scholarship
Oxford University
Rowe and Maw prize (Pembroke College)
Domus Scholarship (Pembroke College)
Simms prize (BCL)
British Academy award (BCL)
Professional Experience
Rosalind Phelps has a general commercial law practice with particular emphasis on banking, civil fraud, professional negligence, commercial contracts and aviation.
Recent Practice
Banking & Finance:
Advised and appeared for both high street and investment banks in disputes of varying sizes and types including those involving mortgages, guarantees, letters of credit and fraud/tracing claims. Advised various parties in relation to the Financial Services and Markets Act 2000.
Barclays Bank v Sentry, Sprint and Mann: High Court trial for the bank in June 2005 in relation to a claim on a guarantee/restitution of monies paid by mistake.
National Westminster Bank v Feeney [2003] All ER (D) 131: Appeared in the Court of Appeal for the bank in appeal on the issue of whether the Claimant’s claim for misrepresentation had been stayed.
Anchor Trust v Credit Agricole Indosuez: Acted for the bank in a claim for breach of trust and misrepresentation in relation to the transfer of monies pursuant to a sale agreement.
European Bank for Reconstruction and Development v Glogowski: Acted for the bank in large guarantee claim relating to the construction of a hotel in Eastern Europe.
Civil Fraud:
Wide experience of applications for freezing injunctions and related matters.
Tajik Aluminium Plant v Ermatov & Others [2005] All ER (D) 250, [2006] All ER (D) 448: applications to overturn freezing injunction and in relation to jurisdiction. On-going civil fraud claim in the Commercial Court relating to the supply of raw materials to an aluminium smelting plant in Tajikistan (junior counsel).
Barclays Bank v Patel & Others: August 2006 freezing injunction and ongoing claim against 15 Defendants in relation to alleged mortgage fraud.
Barclays Bank v El-Alami & Others: (with Timothy Howe QC) October 2005 freezing injunction and ongoing claim in relation to alleged mortgage fraud.
Professional Negligence:
Experience includes professional negligence actions involving accountants, stockbrokers, architects, conveyancers, insurance brokers, interior designers, surveyors and mortgage valuers.
Law Society v Sephton & Co [2006] 3 All ER 401 (HL); [2005] QB 1013 (CA): Acted for the Law Society (led by Timothy Dutton QC) in the Chancery Division trial of a preliminary issue in a professional negligence claim against a firm of accountants (when does the cause of action in negligence accrue) and in the subsequent appeals to the Court of Appeal and House of Lords.
Finlan v EMW: Professional negligence claim against solicitors in relation to a large management buy in and share sale agreement (with Michael McLaren QC).
Commercial Litigation:
Advised on and acted in a wide variety of commercial contract disputes, including injunction and summary judgment applications.
Omnicash v Cashbox [2005] All ER (D) 364: Appeared (in June 2005) in a QBD trial concerning the formation and terms of a commercial agreement for the operation of ATMs.
Cable & Wireless plc v IBM: Appeared as junior counsel for IBM in Commercial Court action in 2003-2004 concerning the proper construction of a high value IT outsourcing contract.
Premier Profiles v Tioxide [2002] BLR 467: Acted for a manufacturer in a large product liability claim in the Commercial Court relating to discoloured uPVC windows.
Acted for Chinese clients in an ICC arbitration arising from supply of metal concentrates.
Aviation:
Advised on and acted in a wide variety of aviation law matters including Warsaw Convention issues, property disputes, air accidents and discrimination claims against airlines.
Emerald v Rolls Royce: Acted (with Michael Crane QC) for Rolls Royce in a large Commercial Court claim for economic loss following an air accident (preliminary issue as to existence of duty of care).
Insurance & Reinsurance:
Includes Lloyd's and non Lloyd's work.
Lane v Dornoch: Appeared (in October 2005) on behalf of Lloyds Underwriters in a trial concerning construction of a policy extension covering loss of entertainment licence.
Acted for a large insurance broker in relation to the implications of the Financial Services and Markets Act 2000.
Administrative & Public Law:
Acted for several professional disciplinary bodies including the Law Society.
R (Thompson) v Law Society [2004] All ER 113: Acted for the Law Society (led by Timothy Dutton QC) in the Court of Appeal (whether Article 6 ECHR applies to determinations of inadequate professional services by the OSS).
Fatchett v Law Society: whether the Law Society owes a duty of care to solicitors in the exercise of its regulatory function.
Advised on and appeared in the appeal from the decision in R v Council for Licensed Conveyancers ex p. Watson (Times, 16 June 2000).
Acted for a building society in a large judicial review claim against the Financial Services Ombudsman.
Publications
Joint Author of The Law of Privilege (OUP 2006)
Joint Author Carriage by Air (Butterworths 2001)
Contributing Editor of Commercial Court Procedure (2nd Edition 2001)